DILIP KUMAR MISHRA Vs. SMT. SUNITA SINGH CHAUHAN

JUDGEMENT

(1.) I.A. No. 7171 of 2016 The respondent has filed an interlocutory application no. 7171 of 2016 praying therein to dismiss the election petition as legally not maintainable.

(2.) The petitioner has filed this case for the declaration of election of the respondent as member of 30, Belsand Assembly constituency for 16th Bihar Legislative Assembly as void on the ground that she had no right to contest the election from the said constituency. The nomination papers of respondent were illegally accepted and after completion of election process, she was declared elected. She was not an elector of 30, Belsand Assembly Constituency rather she is/was elector of Sitamarhi Assembly Constituency.

(3.) It was submitted that accordingly to provision of Section 2(1) (e) and 79 (d) of Representation of People Act 1951, the elector of a Parliamentary/Legislative Assembly Constituency has right to be a candidate in the concerned constituency and non elector of the constituency has no right to be a candidate. In support of his contention, the learned counsel referred to para 12 of the ruling reported in AIR 1972 SC page 2284. The Hon'ble Apex Court has held in paragraph-12 that an important and noticeable difference between qualifications prescribed by parliament for the membership of a Legislative Assembly by section 5 of the Representation of The People Act, 1951 and those for the membership of a Legislative Council by Section 6 of that Act is that so far as a member of the Legislative Assembly is concerned, he or she has to be an elector of the constituency from which he or she stands.